Age of Majority - Virginia Commonwealth University

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Center for Self Advocacy Leadership
Partnership for People with Disabilities
Virginia Commonwealth University
www.VirginiaSelfAdvocacy.org
The Partnership for People with Disabilities is a university center for excellence in developmental disabilities at Virginia Commonwealth University.
VCU is an equal opportunity/affirmative action university providing access to education and employment without regard to age, race, color,
national origin, gender, religion, sexual orientation, veteran’s status, political affiliation or disability. If alternative formats of this document are
needed, please contact the Partnership for People with Disabilities at 804/828-3876 or 800/828-1120 (TDD Relay).
This project is funded by grant number 90DN0226 from the Administration on Developmental Disabilities, US Department of Health and Human Services.
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Age of Majority
Transfer of Rights
What does it mean to
you?
Transfer of Rights at Age of
Majority

According to IDEA, beginning not later
than one year before the child reaches the
age of majority under state law, the IEP
must include a statement that the child
has been informed of the child’s rights
under Part B of the Act. Under Virginia
State law, the age of majority is 18.
Transfer of Rights at Age of
Majority

To prepare students and parents for the
transfer of rights, Virginia State Law
requires schools to inform all children with
disabilities on or before their 17th birthday
that certain educational rights will
automatically transfer to them the day
they turn 18.
Transfer of Rights at Age of
Majority

A student with a disability between the
age of 18 and under 22 who has not been
declared legally incompetent and has the
ability to give informed consent may
execute a Delegation of Right to Make
Educational Decisions.
Transfer of Rights at Age of
Majority



In Virginia all of the educational rights provided
to the parents transfer to the student when he
or she reaches the age of majority (age 18).
The Delegation of Rights form allows the
student to appoint his/her parent or agent to
make educational decisions on his/her behalf.
The student has the right to terminate the
agreement at anytime and resume his/her right
to make decisions.
Transfer of Rights at Age of
Majority



Students become responsible for their
educational program.
Students, not their parents, are the primary
participant in developing their IEP.
Students become responsible for consenting
to any changes in placement or requesting
mediation or due process hearings to resolve
disputes.
Your educational Rights




receive notice of and attend individual
education program (IEP) meetings.
consent to reevaluation.
consent to change in placement.
request for mediation or a due process
hearing to resolve a dispute about
evaluation, identification, eligibility, IEP,
placement, or other aspects of a free
and appropriate public education (FAPE).
Self-Advocacy and School




Involve your parent/guardian in the IEP and
transition planning.
Discuss important decisions with your
parent/guardian ahead of meetings so that
he/she is informed and prepared to
participate with you.
Develop good relationships with school
personnel and other agency and/or service
providers
Make sure educators and other agency
and/or service providers listen to you.
Diplomas

Standard (or Regular) Diploma
If a student with a disability graduates with a regular
diploma, the student loses eligibility for a free and
appropriate public education (FAPE).

Modified Diploma or IEP Certificate
If a student graduates with any other type
of diploma or certificate, the student may still be
eligibility for education services.